Colorado Senate Bill 23-206 was signed into law in 2023 and focuses on enhancing radon safety in residential properties. The bill introduces several important measures to address radon risks and improve public health protection.
Radon is an odorless, colorless, tasteless and radioactive gas, naturally occurring in soil and groundwater and is one of the leading causes of lung cancer in the United States. Elevated radon levels have been detected in every county in Colorado. The United States Environmental Protection Agency recommends testing your home every two years.
Here’s a summary of the key provisions of SB23-206:
Disclosure Requirements: The legislation mandates that radon test results be disclosed in property transaction documents. This requirement is intended to ensure transparency and help buyers make informed decisions.
Buyers and lessors have the right to be informed whether the property has been tested for elevated levels of radon.
Sellers and landlords are required to have disclosure language in bold-faced type, clearly legible substantially in the same form as specified in the bill.
Sellers and landlords are also required to disclose any knowledge of radon concentrations on the property including:
whether radon testing has been conducted on the property;
the most recent records and reports on radon concentrations within the property;
a description of any detected radon concentrations and if any mitigation or mediation has been performed; and
whether a radon mitigation system has been installed in the property.
Finally, sellers and landlords are required to provide the most recent brochure published by the Department of Public Health and Environment in accordance with section 25-11-114 (2)(a) that provides advice about radon in real estate transactions.
A tenant shall acknowledge receipt of this information by signing the disclosure.
A landlord breaches his/her warranty of habitability if this disclosure is not made. A tenant can break the lease if:
A landlord fails to make this disclosure; or
A landlord does not make a reasonable effort to mitigate elevated levels of radon (>4pCi/L) within 180 days after being notified that a radon measurement professional has found elevated levels of radon.
On or after January 1, 2026, these remedies will not apply to leases that are one year or less in duration.
Public Awareness and Education: SB23-206 emphasizes the importance of public education on radon risks and mitigation. The bill supports initiatives to increase awareness about the dangers of radon exposure and the steps homeowners can take to address it.
Compliance and Enforcement: The bill strengthens regulatory oversight and enforcement mechanisms to ensure compliance with radon testing and mitigation requirements.
Overall, SB23-206 represents a significant step towards improving radon safety in Colorado, addressing both existing homes and new construction. By implementing these measures, the state aims to reduce radon exposure and protect public health.
For more detailed information and updates on implementation, you can refer to resources from the Colorado Department of Public Health and Environment and contact Kamenetsky Law for a Radon Disclosure and Brochure Addendum for your residential lease.
Disclaimer — This content is for general information only. The information contained herein is not legal advice for any specific matter, nor does it create an attorney-client relationship. Laws vary from one state to another. For legal advice, consult an attorney.
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